6/28/2016 10:45:40 AM
9/30/2015 11:25:57 PM
Official Document Type
Agenda Item Number
Trustees of Internal Improvement Trust Fund State of Florida
Beach Re-Nourishment Use Agreement
Sebastian Inlet State Park
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-r x <br /> BEACH RE-NOURISHMENT USE AGREEMENT <br /> BETWEEN <br /> BOARD OF TRUSTEES <br /> OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA <br /> AND <br /> INDIAN RIVER COUNTY, FLORIDA <br /> Use Agreement No. U-0354 <br /> THIS USE AGREEMENT ("use agreement") is hereby made and entered into by and between the <br /> BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF <br /> FLORIDA, hereinafter referred to as "GRANTOR", MdL;NDIAN ER COUNTY, FLORIDA, hereinafter <br /> referred to as "GRANTEE" on this __6_L_ dayofJAni4sLrj 2008. <br /> WITNESSETH <br /> WHEREAS, GRANTOR is the owner of the hereinafter described real estate property, commonly <br /> known as Sebastian Inlet State Park ("Park" or "premises"), which is managed by the Slate of Florida <br /> Department of Environmental Protection, Division of Recreation and Parks ("DRP") under GRANTOR' S Lease <br /> No. 2457; and <br /> WHEREAS, GRANTEE is embarking upon a shore protection project ("project') in the Park; and <br /> WHEREAS, in undertaking the project, GRANTEE desires to temporarily place and maintain pipeline <br /> and equipment upon certain portions of the Park, place beach quality sand on the beach in the park, and obtain <br /> a beach assess corridor as depicted in Exhibit "A" attached hereto and made part hereof; and <br /> WHEREAS, DRP has agreed to the proposed use of the Park under this use agreement. <br /> NOW THEREFORE, in consideration of the faithful and timely performance of and compliance with all <br /> the terms and conditions stated herein, GRANTOR has entered into this use agreement with GRANTEE to <br /> allow GRANTEE to use a certain portion of the Park, in Indian River County, Florida, as depicted in Exhibit <br /> "A" of this use agreement subject to the following terms and conditions: <br /> I . DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be <br /> exercised by the Division of State Lands, State of Florida Department of Environmental Protection, pursuant to <br /> Chapter 18-2, Florida Administrative Code, and applicable delegations of authority. <br /> 2. TERM: The use agreement commences on the execution date of this use agreement and ends on <br /> May I , 2008, unless sooner terminated by GRANTOR or otherwise extended in writing by both parties to this <br /> use agreement. - <br /> 3. EXTENT OF AGREEMENT: This use agreement covers the use of the premises for the purposes of <br /> construction, operation and maintenance of a sand transmission pipeline and placing dredged materials in a <br /> certain area within that portion of the Park as depicted in Exhibit "A" of this use agreement. <br /> 4. UNDUE WASTE : GRANTEE shall not commit undue waste to the premises. Existing beach/dune <br /> vegetation shall be disturbed only to the minimum extent necessary for construction, construction access, and <br /> other permitted activities as determined at the preconstruction meeting between GRANTEE and the park <br /> manager of the Park ("Park Manager') and/or other representatives of DRP. Upon completion or termination of <br /> the project, GRANTEE, at its sole cost and expense, shall restore landscape features and coastal vegetation <br /> damaged during construction to pre-existing or better condition to the satisfaction of the Park Manager. <br /> Vegetation shall be replaced with plants of same species or, by authorization of the Park Manager with other <br /> indigenous salt resistant vegetation suitable for beach and dune stabilization. <br /> 5 . COORDINATION WITH PARK MANAGER: All activities of GRANTEE under this use agreement <br /> shall be coordinated with the Park Manager through an onsite preconstruction meeting and through <br /> communication with GRANTEE. Project specifies, including location of staging areas, use of park roads for <br /> Page 1 of 7 <br /> Use Agreement U-0354 <br />
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